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“delay in filing appeal”

AppealsSection 249Section 2491,894 judgments

The decision most relied on for delay in filing appeal is Collector, Land Acquisition v. Mst. Katiji (167 ITR 471), cited in 3,926 judgments on BharatTax.

Leading authorities on delay in filing appeal

Collector, Land Acquisition v. Mst. Katiji
167 ITR 471 · 1987 · Supreme Court
3,926
citing judgments

Delay in filing appeals, when supported by sufficient or justifiable cause, should be condoned with a liberal approach to ensure substantial justice. This principle prioritizes the cause of justice over mere technicalities.

Collector, Land Acquisition, Anantnag & Anr. v. Mst. Katiji & Ors.
2 SCC 107 · 1987 · Supreme Court
451
citing judgments

Courts must adopt a liberal approach when considering applications for condonation of delay, preferring to decide cases on their merits rather than allowing technicalities of limitation to scuttle justice. This principle applies to ensure the substantive rights of parties are not defeated by minor delays.

Balakrishnan v. M. Krishnamurthy
7 SCC 123 · 1998 · Supreme Court
368
citing judgments

The Supreme Court outlines the principles for condoning delay in filing appeals, stating that a litigant's lapse is not always a bar if the explanation is bona fide and not a dilatory strategy. Courts should show utmost consideration to suitors and prioritize substantial justice unless the delay is deliberately to gain time.

Vishin Meghani v. DCIT & Anr
398 ITR 250 · 2017 · High Court
291
citing judgments

This case is cited as an authority supporting the condonation of delay in filing income tax appeals, particularly when an assessee presents a request for such condonation.

Concord of India Insurance Co. Ltd. v. Smt. Nirmala Devi and Others
118 ITR 507 · 1979 · Supreme Court
268
citing judgments

For condoning delay, the term 'sufficient cause' must be interpreted liberally and purposively to advance justice. Delay not tainted by mala fides, gross negligence, or recklessness, and based on honestly obtained legal advice, constitutes sufficient cause.

Sreenivas Charitable Trust v. Dy. CIT
280 ITR 357 · 2006 · High Court
182
citing judgments

The expression "sufficient cause" for condoning delay in filing appeals must receive a liberal and purposive construction. This approach aims to advance substantial justice, which is of paramount importance.

CIT v. K.S.P. Shanmugavel Nadai and Ors.
153 ITR 596 · 1985 · High Court
171
citing judgments

Where a reasonable cause for delay in filing an appeal exists, the period of delay may not be a relevant factor for condonation. The court has condoned even substantial delays, such as nearly 21 years, based on the presence of a reasonable cause.

Land Acquisition, Anantnag and Anr. v. Ms Katiji and Others
167 ITR 5 · 1987 · Supreme Court
164
citing judgments

The principle of 'sufficient cause' for condonation of delay in filing appeals requires a liberal interpretation to ensure substantial justice, but delay will not be condoned if sufficient cause is not satisfactorily explained by the appellant.

Judgments citing delay in filing appeal

Khambhla Gram Vikas Samiti Trust, Kutch vs. CIT(Exemption), Ahmedabad

In the result, the appeal of the assessee is allowed, for statistical purposes

ITA 391/RJT/2025[NA]Status: DisposedITAT Rajkot26 Dec 2025

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 391/Rjt/2025 ("नधा"रण वष" / Assessment Year: (Na) Khambhla Gram Vikas Samiti Vs. Cit(Exemption), Room No.609, 6Th Floor, Aayakar Trust Post Kotda J Taluka Nakhatrana, Bhavan, Nr. Sachin Tower, 100Ft S. O. Nakhatrana, Road, Anandnagar-Prahladnagar Kutch (Guj) - 370615 Road, Ahmedabad-380015 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadtk9095Q (Appellant) (Respondent) Appellant By : Shri Kalpesh Doshi, Ld. Ar Respondent By : Shri Sanjay Punglia, Ld. Cit(Dr) : 30/09/2025 Date Of Hearing Date Of Pronouncement : 26/12/2025 आदेश / O R D E R Per, Dinesh Mohan Sinha, Jm: This Appeal Is Filed By The Assessee As Against The Rejection Order Dated 25.03.2023 Passed By The Commissioner Of Income Tax (Exemption), Ahmedabad Denying Registration Under Section 12Ab Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) In Form 10Ab Under Rule 17A Of The I.T. Rules, 1962. (Ita 2. Grounds Of Appeal Raised By The Assessee, Are As Follows: “1. That, The Learned Cit(Exemption) Has Failed To Grant Proper Opportunity Of Being Heard & Has Wrongly Rejected The Application Filed In Form No. 10Ab For Granting Registration U/S 12A Of The I.T. Act, 1961. Khambla Gram Vikas Samiti Trust

For Appellant: Shri Kalpesh Doshi, Ld. ARFor Respondent: Shri Sanjay Punglia, Ld. CIT(DR)
Section 12A

After considering the reason explained by the Ld. AR. In the interest of justice, we take a judicious view that we condoned the delay in filing appeal by 307 days, and appeal filed by the assessee heard on merit. 7. Brief facts of the case that the appellant is trust